Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding that the evidentiary basis was insufficient to justify continued detention.
Summary
The petitioner, Nitish Kumar, was arrested on 2 August 2025 in connection with a case registered under Sections 134 and 304 of the Bihar Negotiable Instruments Act for allegedly snatching a gold chain. The FIR does not name the petitioner; his name emerged only from the confessional statement of a co‑accused during investigation, and no test identification parade (TIP) has been conducted. The petitioner has been in custody for several months and claims that no material has been recovered from his possession. The State opposed bail, noting that the petitioner has another pending case, though he is already on bail in that matter. The Court, considering the lack of direct evidence, the absence of a TIP, and the petitioner’s cooperation, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the absence of a test identification parade and lack of material recovery justify bail.
- Whether the existence of another pending case affects the bail application.
Legislation cited
- Bihar Negotiable Instruments Act — s. 134, 304
Subjects
- bail
- FIR
- confessional statement
- co‑accused
- test identification parade
- criminal antecedent
- Section 134
- Section 304
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90898 of 2025
Arising Out of PS. Case No.-514 Year-2024 Thana- PATNA CITY CHOWK District- Patna
======================================================
Nitish Kumar Son of Ashok Rai Resident of Vill.- Kaimshikoh, P.S.- Chowk,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Binay Kumar Singh, learned counsel for
the petitioner and Ms.Gulnar Begum, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
02.08.2025 in connection with Chowk P.S. Case No. 514 of
2024, F.I.R. dated 08.11.2024 registered for the offence
punishable under Section 134 of BNS and added under Section
304 BNS.
3. As per FIR, the informant alleged that one boy
attacked me on neck and snatched her gold chain and run away.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. The name of
the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person, till
Patna High Court CR. MISC. No.90898 of 2025(2) dt.13-01-2026
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date no TIP has been conducted by the prosecution, nothing has
been recovered from conscious possession of the petitioner and
the police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 02.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one but fairly submits that
the petitioner is on bail in the said case, as mentioned in para-3
of the bail petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person and till date no TIP has been conducted by
the prosecution, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned A.C.J.M.-VI, Patna City, Patna in connection with
Chowk P.S. Case No. 514 of 2024, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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